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FIRPTA, which was established in 1980 stands for Foreign Investment Real Property Tax Act. This is essentially a prepayment of anticipated tax due on the gain of the sale of a U.S. real property interest. A refund may be issued when taxes are filed, if an overpayment is made.
The FIRPTA affidavit is for all those local sellers who are not foreigners. This form certifies that the seller of the real estate property is a local seller, and a non-resident alien to provide income tax to the Internal Revenue Service. This form can help your seller in avoiding the FIRPTA withholding.
(6) Qualified substitute The term qualified substitute means, with respect to a disposition of a United States real property interest (A) the person (including any attorney or title company) responsible for closing the transaction, other than the transferor's agent, and (B) the transferee's agent.
For this purpose, a qualified substitute is (a) the person (including any attorney or title company) responsible for closing the transaction, other than the transferor's agent, and (b) the transferee's agent. You receive a withholding certificate from the Internal Revenue Service that excuses withholding.
A qualified substitute may be (i) an attorney, title company, or escrow company (but not the Seller's agent) responsible for closing the transaction, or (ii) the Buyer's agent. 2.